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Apprenticeships, Skills, Children and Learning Act 2009- 01/03/2010
The right to request time off is being extended to cover employees who wish to undertake training or study. The right to request time off follows the same pattern in terms of eligibility and process as the right to request flexible working.
The Government intends to phase in the introduction of this right with the right to request time off for training coming into force for those employed in businesses with 250 or more employees from 6 April 2010 and to all employees, regardless of the size of their employer from April 2011. The provisions relating to apprenticeships will come into force in September 2013.
The Act will introduce a new right for employees to request time off work to undertake study or training which, in the Government's view, should assist people in strengthening their skills and employability and, in turn, assist the country's economic recovery. Key points include:
- All employees with more than 26 weeks' service will be entitled to make a written request for time off to undertake training to improve their personal performance at work and the performance of their employer's business.
- The Act amends the Employment Rights Act 1996, setting out the new "time to train" procedure. There will be a new subsection ensuring protection from detriment for making an application and a subsection prohibiting dismissal because an application has been made.
- The procedure for a "time off to train" application closely mirrors the existing flexible working application procedure.
- An employee may only make one application every 12 months.
- Employers will be required to consider all requests seriously. However, they will be entitled to refuse a request for specified business reasons for example, the burden of additional costs or the effect on quality of work, performance or customers (which closely mirror those already available in respect of a flexible working application) or if, in their view, the training would not improve the employee's effectiveness at work or the performance of their business.
The new rights are expected to apply to those employed in businesses with 250 or more employees from 6 April 2010 and to all employees, regardless of the size of their employer, from April 2011.